SMT. GORABAI AND ORS. versus UMMED SINGH (DEAD) BY LRS. AND ORS.

SMT. GORABAI AND ORS. versus UMMED SINGH (DEAD) BY LRS. AND ORS.

A proprietor is entitled to retain Khudkasht land under Section 4(2) of the Madhya Bharat Zamindari Abolition Act, 1951 if it was so recorded in annual village papers before vesting, even if possession was with tenants-at-sufferance after lease expiry. Proprietor is deemed legally and constructively in possession and can sue for eviction and recovery of possession.

Parties
Appellants: SMT. Gorabai and Ors.; Respondents: Ummed Singh (dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
19 April 2004
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; judgments of High Court and lower courts set aside; suit decreed for delivery of possession of suit lands.
Legal Topics
Retention of Khudkasht Land, Tenant at Sufferance, Effect of Zamindari Abolition, Constructive Possession, Eviction Proceedings
Land Law Tenancy Property Law Zamindari Abolition Retention of Khudkasht Land Tenant at Sufferance Effect of Zamindari Abolition Constructive Possession +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

SMT. Gorabai and Ors.

Appellants

Ummed Singh (dead) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the proprietor is entitled to retain Khudkasht lands under Section 4(2) of the Madhya Bharat Zamindari Abolition Act, 1951 despite actual possession being with tenants-at-sufferance after expiry of lease
  2. 2 Whether entry in annual village papers immediately before vesting is required for the retention of Khudkasht land
  3. 3 Effect of tenants-at-sufferance or trespassers on right to retain possession of Khudkasht land

Ratio Decidendi

A proprietor is entitled to retain Khudkasht land under Section 4(2) of the Madhya Bharat Zamindari Abolition Act, 1951 if it was so recorded in annual village papers before vesting, even if possession was with tenants-at-sufferance after lease expiry. Proprietor is deemed legally and constructively in possession and can sue for eviction and recovery of possession.

Court Disposition

Appeal allowed; judgments of High Court and lower courts set aside; suit decreed for delivery of possession of suit lands.

Orders

  • The suit for delivery of possession of suit lands is decreed
  • Each party to bear their own costs